Topgolf Ltd Privacy Policy
Updated and Effective: January 2023
This privacy notice ("Privacy Notice") applies to our physical locations in the UK, including our on-site kiosks ("Locations"), our websites ("Website(s)"), mobile applications ("Applications") (collectively the Locations, Websites and Applications, the "Topgolf Offerings") owned and operated by Topgolf Limited ("Topgolf UK"), and its subsidiaries and affiliates (collectively, "Topgolf", "we", "our" or "us").
You must review this Privacy Notice, the Website Terms and Conditions and our Terms and Conditions carefully. Our Privacy Notice can always be found on this Website. It may be sent to you as part of your welcome email, with your booking confirmation when booking a bay or event at our Locations and is available at the time of membership registration or commencement of gameplay at our Locations.
TO THE EXTENT LEGALLY PERMITTED, YOUR USE OF THE WEBSITE(S), MEMBERSHIP REGISTRATION, OR PURCHASE OF DAY PASS AT OUR LOCATIONS SIGNIFIES YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS PRIVACY NOTICE AND OUR TERMS AND CONDITIONS.
TABLE OF CONTENTS
1. Personal Information We Collect
2. How We Use Your Personal Information.
3. Sharing Your Personal Information.
4. Third-Party Advertising and Analytics Companies.
5. How We Respond to "Do Not Track" and "GPC" Signals.
6. Links to Other Websites and Online Services.
8. Security of Your Personal Information.
9. Retention and Destruction of Your Personal Information.
10. Your Choices About the Information We Collect
11. Cross-Border Transfers of Personal Information.
17. Right to Lodge a Complaint
1. Personal Information We Collect
We may collect information from you directly and automatically when you visit or use the Topgolf Offerings and from third parties. This includes information you provide if you sign-up to receive our newsletter, register as a member, take part in surveys, or other submissions, e.g., if you make inquiries about our products or services, purchases through our Websites, Applications or at our Locations, or when you take part in discussion boards or other social media functions on our Website.
Some of this information may be considered personal information or personal data under various applicable laws. We consider information that identifies you as a specific, identified individual, such as name, gender, date of birth, age, postal address, email, and phone number, as personal information ("Personal Information" or "Personal Data"). We will also treat additional information, including IP addresses and cookie identifiers, as Personal Information where required by applicable law. Note that we may de-identify or pseudonymise Personal Information so that it is non-personal, such as aggregating or converting it to a code, sometimes using a function commonly known as "hash". We maintain and use de-identified data without attempting to re-identify it, except where permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements. We will treat de-identified and pseudonymised information as non-personal to the fullest extent allowed by applicable law. If we combine non-personal information with Personal Information, then we will treat the combined information as Personal Information under this Privacy Notice.
Information You Provide Directly
We may collect Personal Information or other information (such as demographic information or information about your interests) from you when you use or interact with the Topgolf Offerings, such as when you create an account; make a reservation; play games on our Websites or Applications; visit our Locations, register for a membership; visit our Websites; use our Applications; take part in surveys; participate in golf lessons, leagues, and tournaments; book or participate in events at our Locations; sign up for emails, text messages, or other marketing communications; contact us or make purchases; take part in discussion boards or other social media functions on the online Topgolf Offerings; or participate in sweepstakes or contests.
You may choose to provide us email addresses or contact information of other people, such as if you book an event or make a reservation and give us the contact information of your guests. If you disclose any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information under this Privacy Notice.
Online Usage Information & Cookies & Similar Tracking Technologies
When you interact with us through the Topgolf Offerings online, our third-party business partners and we automatically collect certain information regarding your visit and use of the online Topgolf Offerings, including the total number of visitors, pages visited per use, browser type, IP addresses, exit page, duration of use, and operating system type, to administer the Topgolf Offerings and analyse trends and statistics to evaluate our visitors' preferences and the Topgolf Offerings' effectiveness ("Usage Information"). For our online Topgolf Offerings, you can control the use of cookies at the individual browser level. Usage Information may include the hardware model, browser, the URL or advertisement that referred you to the online Topgolf Offering, and the search terms you entered into the search engine that led you to the online Topgolf Offering, among other information. We may use Usage Information for various purposes, including enhancing or otherwise improving the online Topgolf Offerings. In addition, we may automatically collect your IP address or other unique identifiers ("Device Identifier") for any computer, mobile phone, or other devices you may use to access the online Topgolf Offerings.
The methods used to collect Usage Information may include the following:
Cookies and Local Storage. The online Topgolf Offerings use cookies and related technologies ("Cookies") to enhance the browsing and usage experience on our online Topgolf Offerings. "Cookies" are small files or records placed on a visitor's device or browser (by a third party or us) to collect information about your activities on our online Topgolf Offerings. Cookies may be used for many purposes by us and third parties, such as:
- · To speed up navigation and provide you with custom-tailored content.
- · To remember the information you gave to us so you do not have to re-enter it each time you visit the online Topgolf Offerings.
- · To monitor the effectiveness of certain marketing email campaigns.
- · To monitor the total number of visitors, pages viewed, and banners served on our online Topgolf Offerings.
- · To enforce limitations on downloads described for online coupons and other similar offers.
- · To automatically collect Usage Information.
- · To enable features.
- · To serve behavioural-based advertisements.
- · For analytics.
- · To market our products and services to you.
As detailed below, we also allow certain partners to place Cookies on our online Topgolf Offerings to provide personalised marketing to you. You can find more information about Cookies and how they work at allaboutcookies.org.
Certain browsers or browser add-ons may provide additional local data storage mechanisms similar to Cookies. Some of the content included on the online Topgolf Offerings may use this local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our online Topgolf Offerings and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a Website or email can act as a web beacon. Web beacons or similar technologies may be used for several purposes, including, without limitation, to count visitors to the online Topgolf Offerings, to monitor how users navigate the online Topgolf Offerings, to count how many emails that were sent were opened, or to count how many particular links were viewed.
Embedded Scripts. An embedded script is programming code designed to collect information about your interactions with the online Topgolf Offerings, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider. It is active only while you are connected to the online Topgolf Offerings and deactivated or deleted after that.
In addition, we may use various other technologies that collect similar information for security, fraud detection, online functionality, and operational purposes.
Location Data
We may collect or infer your approximate location through information we collect, such as your IP address. In addition, some mobile service providers may also provide us or our third-party service providers or business partners with information regarding the physical location of your device.
Information We Collect from Other Third Parties
We may also receive Personal Information about you from other sources, including other users who add you to a reservation, third-party business partners (such as companies that assist us with online advertising and analytics), or publicly available sources. If you are an existing user of any Topgolf Offering or later become a user of any Topgolf Offering, we may combine the information we receive from you with information about you from other sources to better understand your interests and preferences and better market our products and services to you.
We may combine the information we receive from those other sources with information we collect through the Topgolf Offerings. We will apply this Privacy Notice to the combined information in those cases. The information collected and stored by the third party is subject solely to the third party's privacy practices.
Social Site Information Collection and Use
The online Topgolf Offerings may permit you to interact with a third-party social media site ("Social Site"), for example, by including a button allowing you to link to a third-party platform (such as Instagram or TikTok) or interacting with you through your social media account ("Social Site Features"). When you access a Social Site through our online Topgolf Offerings or use or access any of our products and services or communicate with us by way of a Social Site, including Social Sites where you can play our electronic games, both we and the Social Site may have access to certain information about you and your use of the online Topgolf Offerings and the Social Sites. The Social Sites may collect information about your visit to the online Topgolf Offerings through Social Site Features we have integrated into the Topgolf Offerings. The Personal Information you allow us to access varies by game and Social Site, and it is affected by the privacy settings you establish on the Social Site. You can control and learn more about these settings at the Social Site, where you play our games, access our content, or interact with us.
For example, we may access and store some or all of the following information, as allowed by you, the Social Site, and your preferences; your first and last name; your profile picture or its URL; your user ID number, which is linked to publicly available Personal Information such as name and profile photo; the user ID numbers for your friends that are also connected to us or our game(s); and the login email you provided to that Social Site when you registered. Note that through the Social Site Features, these Social Sites may be able to collect certain information about your visits to the online Topgolf Offerings regardless of whether or not you affirmatively interact with the Social Site Features and whether or not you are logged into (or have) an account with the Social Site. If you use the Social Site Features, your interaction and Personal Information may be publicly disclosed on the Social Site.
By accessing our products and services or otherwise communicating with us through a Social Site, you understand we will collect, store, and use, under this Privacy Notice Personal Information that you have allowed the Social Site to provide to us or that we collect through the Social Site, including through an Application Programming Interface ("API").
To manage any Personal Information that we may receive about you from the Social Site where you play our games or interact with us, you will need to follow the instructions at that Social Site for updating your Personal Information and changing your privacy settings.
Once we receive your Personal Information from a Social Site, that Personal Information is stored and used by us as set out in this Privacy Notice. You may access and update that Personal Information as described below.
2. How We Use Your Personal Information
We may use non-personal information for any purpose allowed by applicable law, including for advertising, research, and marketing purposes. We also use information collected from or about you, including Personal Information and Usage Information, as disclosed elsewhere in this Privacy Notice, for the purposes and on the legal basis below:
|
Context |
Types of Data |
Primary Purpose for Collection and Use of Data |
|
Account and Membership Registration |
We collect your name, gender, age, postal address, email address, telephone number and credit/debit card number when you create an account at our Topgolf Offerings. We also collect information relating to the actions that you perform while logged into your account. For more information on the collection of Personal Information for children, see the section on Children's Privacy. See the Participating Locations section below for more information on global Topgolf Venue gameplay. |
We have a legitimate interest in providing you with the correct membership, creating your membership, providing you information on your membership, correctly finding your membership, collecting membership charges, ensuring that we comply with applicable laws about the processing of your Personal Information, creating an individual experience for each player who plays at our Locations, to facilitate gameplay and provide the benefits of global membership and to analyse data for internal statistical purposes. We use your phone number to allow you to access your membership on our bay screens and provide you with information about your bay booking. This includes informing you about the queue for receiving a bay, your bay allocation, and your game history and may include sending you a link to view this Privacy Notice and the Location Terms and Conditions. We may use your phone number to send you information on promotions and offers, but only if this is offered at the Location and you have opted in to receive marketing by SMS/text. |
|
Cookies and First-Party Tracking |
We use cookies and clear GIFs. "Cookies" are small pieces of information that a website sends to a computer's hard drive while a website is viewed. |
We have a legitimate interest in making our online Topgolf Offerings operate efficiently. |
|
Cookies and Third-Party Tracking |
We participate in behaviour-based advertising; this means that a third party uses technology (e.g., a cookie) to collect information about your use of our online Topgolf Offerings so that they can provide advertising about products and services tailored to your interests on our online Topgolf Offerings, or on other websites. |
We have a legitimate interest in engaging in behaviour-based advertising and capturing website analytics. |
|
Demographic Information |
We collect personal information, such as your age, gender or location. |
We have a legitimate interest in understanding our users and providing tailored services. |
|
Dispute Resolution |
We may collect and use your Personal Information to resolve disputes, respond to regulatory investigations or in defence of legal claims |
We have a legitimate interest in resolving any disputes related to our business; we may be required by the applicable law to provide Personal Information in the context of the prevention and detection of crime. |
|
Email Interconnectivity |
If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. |
We have a legitimate interest in understanding how you interact with our communications to you. |
|
Employment |
If you apply for a job posting or become an employee, we collect the information necessary to process your application or to retain you as an employee. This may include, among other things, national identification and national insurance or social security documents and numbers. Providing this information is required for employment. |
We use information about current employees to perform our responsibilities as an employer. In some contexts, we are also required by law to collect information about our employees. We also have a legitimate interest in using your information for efficient staffing and workforce operations. |
|
Equipment Rental |
If you rent any of our equipment, e.g., upgraded golf clubs, footballs, we collect your name, age, postal address, email address, telephone number, billing address, and credit/debit card number. |
We have a legitimate interest in registering the details of individuals who rent our equipment to ensure the return of our equipment at the end of the rental period and to collect any charges in respect of such rental. |
|
Event Bookings |
We collect your Personal Information and that of your guests when you book an event with us; this includes your name and contact details and the guests, dietary information, and ages. For more information on the collection of Personal Information for children, see the section on Children's Privacy. |
We have a legitimate interest in communicating with you about your event and performing our contract with you, to take payment and to ensure that we comply with our obligations concerning children under the age of sixteen (16) whose Personal Information we may process and our health and safety obligations. |
|
Feedback/Support |
If you provide us feedback or contact us for support, we will collect your name and email address, as well as any other content you send to us, to reply. |
We have a legitimate interest in receiving and acting upon your feedback or issues. |
|
Game Activity |
When you participate in gameplay at one of our Locations or through the online Topgolf Offerings, we will collect information necessary to track your performance against other participants, including your name, email, age, membership information, game history, credit/debit card information. |
We have a legitimate interest in communicating with you about your gameplay and performing our contract with you, to ensure that we have complied with our obligations concerning children under the age of sixteen (16) whose Personal Information we may process, to track and monitor the use of the Topgolf Offerings and to take payment. |
|
Geolocation Information |
We may collect geolocation data based on your use of the Topgolf Offerings. |
We have a legitimate interest in understanding the location of our users. |
|
Golf Lessons, Leagues, Tournaments and Holiday Clubs |
We collect your information when you sign up for golf lessons or leagues at one of our Locations, including your name, email, age, membership information, game history, photos and videos, credit/debit card information. |
We have a legitimate interest in communicating with you regarding your golf lessons or league participation. to ensure that we have complied with our obligations concerning children under the age of sixteen (16) whose Personal Information we may process, to track and monitor the use of the Topgolf Offerings and to take payment. We may use your images or film video of your golf swing where you consented to the use of your image or video analysis of golf swing. |
|
Incident Reporting |
If there is a circumstance in which an incident takes place at one of our Locations, we may collect information from you to ensure the incident is properly recorded and remedied. |
We have a legitimate interest in resolving any incidents at our various Locations. |
|
Mailing List |
When you sign up for one of our mailing lists, we collect your email address or postal address. |
We share information about our products and services with individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products or services. |
|
Mobile and Computer Devices |
We collect information from your computer or mobile device, such as unique identifying information broadcast from your device when using any of the Topgolf Offerings. |
We have a legitimate interest in identifying unique visitors and understanding how users interact with us on their mobile devices. |
|
Online Topgolf Offering Interactions |
We use technology to monitor how you interact with our online Topgolf Offerings. This may include the links you click or the information you type into our online forms. This may also include information about your device or browser. |
We have a legitimate interest in understanding how you interact with our online Topgolf Offerings to improve them and to understand your preferences and interests to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud. |
|
Order Placement |
When you place an order, we may collect your name, billing address, shipping address, email address, phone number, and credit card number. |
We use your information to fulfil our obligations to provide products or services. |
|
Partner Promotion |
We may collect information you provide as part of a co-branded promotion with another company. |
We have a legitimate interest in fulfilling our promotions. |
|
Payments |
Your name, billing address, shipping address, email address, phone number, credit or debit card number, bank account information |
We have a legitimate interest in collecting payment when you use our products and services or in providing refunds and credits. |
|
Promotions |
When you participate in sweepstakes, contests or other promotions, we collect information about you, including contact information, to notify you if you are selected. |
We have a legitimate interest in operating sweepstakes, contests and other promotions. In some contexts, we are also required by law to collect information about those who enter our sweepstakes, contests and other promotions. We have a legitimate interest in complying with those laws. |
|
Research and Analytics |
We use the Personal Information you provide to conduct research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and develop products, services, and marketing programs. |
We have a legitimate interest in analysing guest, customer and visitor behaviours and trends to assist us in developing new products and services and enhancing our guest, customer and visitor experience. |
|
Reservations |
We collect your information that you provide to make a reservation at one of our Locations. |
We have a legitimate interest in facilitating your ability to make reservations at one of our Locations. |
|
Safety and Security |
We use CCTV at all our Locations and may capture your images and movements. All Locations provide notice of CCTV operation. Coverage includes the entrance, car park, the restaurant, all corridors and walkways, and the bays. CCTV is not used in personal locations such as toilets or changing rooms. |
We have a legitimate interest in monitoring the safety and security of our employees and visitors to our Locations. We have legal obligations to keep track of health and safety-related incidents at our Locations. |
|
Shareholders, Directors and Officers |
We collect and retain Personal Information, including sensitive personal information about our shareholders, directors, and officers. |
We have a legitimate interest in ensuring that we meet our regulatory and record-keeping obligations concerning third parties who invest in our business and fulfilling our contractual obligations with shareholders, directors, and officers. |
|
Surveys |
When you participate in a survey, we collect information that you provide through the survey. If a third-party service provider provides the survey, the third party's privacy policy applies to the collection, use, and disclosure of your information. |
We have a legitimate interest in understanding your opinions and collecting information relevant to our organisation. |
|
Ticketing Information |
When you purchase tickets to one of our events, such as a special event at one of our Locations, admission to one of our camps/academies, or a musical performance, we collect information about you to process the transaction, which includes your contact information and credit card information. |
We have a legitimate interest in fulfilling your ticket purchase order. |
|
Third-Party vetting and engagements |
If you are negotiating with us to be a Service Provider, contractor, Topgolf System developer, franchisee or licensee, partner or other affiliated third party, we collect Personal Information, including sensitive personal information, to conduct financial, legal, and operational due diligence. |
We have a legitimate interest in ensuring that the third parties we do business with meet our qualifications and that we comply with our regulatory obligations to conduct due diligence and "know your customer" checks. |
|
Website Interactions |
We use technology to monitor how you interact with our website. This may include which links you click on or Personal Information that you type into our online forms. This may also include information about your device or browser. |
We have a legitimate interest in understanding how you interact with our website to improve it and understand your preferences and interests to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud. |
|
Web Logs |
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. |
We have a legitimate interest in monitoring our networks and the visitors to our online Topgolf Offerings. Among other things, it helps us understand which of our services is the most popular. |
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.
In addition to the information we collect from you directly, we may also receive Personal Information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, we may conduct a background check if you submit a job application or become an employee.
Although the section above describes our primary purpose in collecting your Personal Information, we have more than one purpose in many situations. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and efficiently respond to any questions about your purchase. As a result, our collection and processing of your Personal Information are based in different contexts upon your consent, our need to perform a contract, our obligations and rights under the law, and/or our legitimate interest in conducting our business.
We do not sell or rent to third parties any of the Personal Information you provide through this Website or at our Locations or authorise our third parties to sell or rent your Personal Information. We do not authorise our third parties to make independent use of your Personal Information for their own purposes, including (but not limited to) direct marketing, except if you have opted-in to receive direct marketing.
However, aggregated information about guests, customers or visitors using this Website or visiting our Locations, our social media pages (e.g., likes, impressions, views), in surveys, or otherwise providing information to us will be used by us and our third parties in connection with research, benchmarking and other like uses related to general usage analytics.
3. Sharing Your Personal Information
We may share non-personal information, such as aggregate user statistics, hashed or otherwise de-identified or pseudonymised information, and Usage Information, with third parties at our discretion.
In addition to the specific situations discussed in this Privacy Notice, we share Personal Information as disclosed at the time you provide it, with your consent, and in the situations described below.
Topgolf Callaway Brands Family of Companies
Topgolf UK is a subsidiary of Topgolf Callaway Brands Corp. which also includes several brands and companies ("Topgolf Callaway Brands Family of Companies"). You can see the Topgolf Callaway Brands Family of Companies here.
We share your Personal Information within the Topgolf Callaway Brands Family of Companies to perform our contract with you and in our legitimate interests, including to understand how players use our services and improve our business and to administer and facilitate your global membership, verify eligibility and facilitate gameplay at Participating Locations, provide technical support and troubleshooting and provide statistical reporting and analytics on technology and operational performance and player experience.
Other brands and companies within the Topgolf Callaway Brands Family of Companies may use the Personal Information to send you invitations to take part in guest satisfaction surveys, to take part in global contests/sweepstakes, or information on global promotions, sponsorship, or partnership deals, but only if you have opted-in to receive such information or where applicable law otherwise allows and may share your Personal Information with its service providers, sub-processors, and other third-parties.
We share information across the Topgolf Callaway Brands Family of Companies for internal business, analytical, operational, and marketing purposes.
Depending on the reason for sharing your Personal Information, other brands and companies within the Topgolf Callaway Brands Family of Companies may be a joint controller with us, a controller in their own right or a processor. For more information on how other brands and companies within the Topgolf Callaway Brands Family of Companies processes your Personal Information, please see the relevant company's privacy notice (see Section 16, Controllers by Country below).
Service Providers
We use service providers and sub-processors ("Service Providers") to provide services to us or on our or your behalf, such as payment processing, customer relationship management, scheduling bookings (e.g., events, reservations, and golf lessons), food and beverage, information technology, employment application tracking, communications, and insurance. We give these Service Providers access to your Personal Information (or allow them to collect information from or about you) so that they can provide these services on our behalf to perform the contract between you and us and provide the services you requested in our legitimate interests or where you have consented.
We require our Service Providers to provide technical and organisational security measures when processing Personal Information and only to use your Personal Information on our behalf if they are a processor or a sub-processor. For more information on our use of Service Providers, please email or write to us at the contact details below.
In some cases, a Service Provider may be a controller in their own right (for example, if you choose to participate in a Service Provider's promotions, contests/sweepstakes, surveys, or click through to a Service Provider's website from this Website). Service Providers, who are controllers, are responsible for processing your Personal Information, and you should carefully review their privacy notice and policies before providing your Personal Information.
Unaffiliated Third Parties and Otherwise at Your Request or with Your Consent
We may ask if you would like us to share your information with unaffiliated third parties not described elsewhere in this Privacy Notice. We may permit partner companies and other third parties to collect your information directly from you with your permission. We do not share your Personal Information with third parties for those third parties direct marketing purposes unless you consent (opt-in or opt-out) to such sharing. For example, you may be given an opportunity to receive marketing offers from a third party or engage with a Social Site platform or other third-party application or feature through which information about you is shared. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.
We do not sell or rent for monetary compensation to third parties any of the Personal Information you provide us through the Topgolf Offerings or authorise any of our Service Providers to sell or rent any such Personal Information for monetary compensation. We do not authorise any of our Service Providers to make independent use of your Personal Information for their own purposes, including but not limited to direct marketing.
Aggregated information about visitors using the Topgolf Offerings, taking part in surveys or otherwise providing information to us will be used by us and Service Providers in connection with research, benchmarking and other like uses related to general usage analytics.
Business Transfers and Transitions
In case of a transfer or sale of some or all our business or assets, bankruptcy, merger, or other corporate transaction (including, without limitation, during the negotiation stage and in the course of any due diligence process), we may transfer or assign your Personal Information to those involved in such a transfer or sale of business or assets, which you agree that we may do without your further consent.
Government Agencies and Legal Reasons
We reserve the right to use and disclose your Personal Information to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, and/or violations of our Terms and Conditions or as required by applicable law.
We recognise that from time to time, where necessary and proportionate, it may be appropriate to provide Personal Information to appropriate governmental or public bodies for certain purposes where in the wider public interest, such as national security, public security, the prevention, investigation, detection, or prosecution of criminal offences, to comply with our reporting of health and safety incidents, for the prevention of the spread of infectious diseases, to comply with our obligations under applicable law or where we otherwise have a lawful basis to do so ("Access Requests").
We will allow access and/or provide copies of such Personal Information where needed to follow applicable law, following the protections that respect fundamental rights and freedoms of individuals afforded by applicable law. In deciding whether to provide the Personal Information, we will consider each Access Request on a case-by-case basis. We will consult with the Government Agency to establish clearly what Personal Information is requested, the purposes of such request, and the legal basis on which the Government Agency is entitled to obtain copies of or access to that Personal Information. In each case, as far as practical within any limitations on disclosure of such information applicable to the relevant Government Agency.
User Generated Content and Public Postings
Some Topgolf Offerings may provide the opportunity to post comments, photographs, reviews, or other content in a public forum. If you decide to submit information in these forums, that information will be publicly available, may be used by third parties, and is not typically subject to the restrictions of this Privacy Notice.
Sweepstakes, Contests, and Promotions
We may, with our third-party partners, offer sweepstakes, contests, or other promotions (any of which is a "Promotion") that may require registration. By participating in a Promotion, you agree to the provisions, conditions, or official rules that govern the Promotion, which may contain specific requirements of you (including, unless prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection and prize fulfilment, as required by law or as permitted by the Promotion's terms or official rules (such as on a winner's list). If you decide to enter a Promotion co-sponsored by a third-party partner, the Personal Information you provide will be shared with us and with them. This Privacy Notice does not govern their use of your Personal Information in this context.
Employment Applications
If you apply for a job through our Topgolf Offerings, we or our Service Provider(s) may ask you to provide self-identifying information such as your right to work, gender, and ethnicity to the extent legally required and permissible. Providing self-identifying information is voluntary, but if you provide such information, we and/or our Service Provider may submit that information to the appropriate government or regulatory agencies to fulfil reporting requirements and use that information to defend against employment-related complaints. Please note that we may utilise a careers portal operated by a Service Provider. In this case, your registration and use of the career portal may be subject to the Service Provider's privacy practices as disclosed on the portal.
4. Third-Party Advertising and Analytics Companies
We use third-party advertising companies, ad agencies, analytics providers, and network advertisers to target and serve ads when you visit our online Topgolf Offerings and elsewhere online and offline and to provide us with information regarding the use of our Topgolf Offerings and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including Cookies), and they may otherwise collect or have access to certain information about your use of the Topgolf Offerings. Some of these companies may collect Personal Information over time when you visit and/or access the online Topgolf Offerings or other online websites and services. We may share information, typically information that has been aggregated, pseudonymised or de-identified, Usage Information, and location information with third-party advertising companies, analytics providers, and other third parties for these purposes.
We use a variety of third parties to perform advertising and analytics services. Some of these companies may be members of the European Digital Advertising Alliance ("EDAA") or the Data and Marketing Association ("DMA"). You may also wish to visit https://www.mpsonline.org.uk//, which provides information regarding targeted advertising and the opt-out procedures. The EDAA has developed a guide to online behavioural advertising and an opt-out page to manage online behavioural advertising preferences with participating EDAA member companies available for UK and EU residents at youronlinechoices.com.
Mobile devices may contain settings that allow you to disable tracking advertising and analytics. In addition, the digital advertising industry has provided the ability for mobile users to register their intent not to receive targeted advertising at aboutads.info/appchoices.
One of the third-party tools we use is Google Analytics, which uses Cookies and other technologies to collect and analyse information about the use of the online Topgolf Offerings and provide other reports. This service may also collect information regarding your use of other websites, apps, and online resources. For information about opting out from Google, click here and to download the Google Analytics opt-out browser add-on from Google, click here.
Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.
5. How We Respond to "Do Not Track" and "GPC" Signals
Do-Not-Track: Please note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services that you visit. When you turn on the "Do Not Track" setting in your browser, your browser will signal to websites, analytics providers, advertisement networks, plug-in providers, and other web service providers you encounter while browsing to stop tracking your activity. To find out more about and set up "Do Not Track," please visit allaboutdnt.com.
Global Privacy Control: Global Privacy Control ("GPC") is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences concerning third-party online tracking. To find out more about and set up GPC, please visit globalprivacycontrol.org.
6. Links to Other Websites and Online Services
The online Topgolf Offerings may provide links to websites, gaming platforms, and online services operated by third parties. These third parties use their own cookies and other tracking technologies on your device and may independently collect Personal Information from you. We assume no responsibility for third parties or their privacy practices. This Privacy Notice applies only to our Topgolf Offerings.
7. Children's Privacy
Our Websites and Applications are directed to persons at least sixteen (16) years of age. We do not knowingly collect any Personal Information from children under the age of sixteen (16) years. If a parent or guardian is made aware that a child under the age of sixteen (16) years has provided us with Personal Information through our Websites and Applications, please email or write to us at the contact details below, and we will delete the Personal Information. If we have actual knowledge that Personal Information about a person under the age of sixteen (16) years has been collected without parental/guardian consent, then we will take the appropriate steps to delete such Personal Information.
Children under sixteen (16) years can provide their parents/guardians' details to register for a junior membership or not provide Personal Information by buying a day pass. Please see our Terms and Conditions for more information on registering for junior memberships and any age-related restrictions that may apply in our Locations.
8. Security of Your Personal Information
We take and require that our Service Providers take appropriate steps to keep your Personal Information confidential. Although we cannot guarantee that there will never be a security problem, we have appropriate security measures to guard against the loss or misuse of Personal Information collected through the Topgolf Offerings. For more information on our technical and organisational security measures that are in place, please email or write to us at the contact details set out below.
9. Retention and Destruction of Your Personal Information
We typically keep Personal Information related to marketing activities for as long as you accept marketing communications from us, and we will securely delete such data following applicable law upon request. For Personal Information that we collect and process for other purposes, we typically keep such Personal Information for no longer than the period necessary to fulfil the purposes outlined in this Privacy Notice and as otherwise needed to address tax, corporate, compliance, litigation, and other legal rights and obligations.
Personal Information provided to us to create a membership to play at our Locations remains on our system for as long as the membership exists or longer if needed to meet our statutory record-keeping obligations or in defence of legal claims. Please see our Terms and Conditions for more information on closing your membership.
Where Personal Information is no longer needed, we will securely destroy the Personal Information as required by applicable law. Information that has been anonymised and aggregated is not Personal Information, and we will keep such information following our retention policy. For more information on our retention policies, please email or write to us at the contact details below.
10. Your Choices About the Information We Collect
Under the UK and EU General Data Protection Regulation ("GDPR") and the UK Data Protection Act (together with GDPR, the "UK GDPR"), you have the following rights.
Access. You may have the right to access, review, obtain a copy or port certain Personal Information, for example, to verify its existence, content, origin or accuracy. Please note that we cannot always provide the Personal Information or take the action you requested. We may refuse to provide Personal Information based on several lawful exemptions.
Update. Moved? Changed your name, email, address, or phone number? The Personal Information we hold about you must be accurate and up to date. With certain Topgolf Offerings, you may also be able to directly update your Personal Information on the bay player or account management screens.
Deletion. You may have the right to request the deletion of certain Personal Information. Some of our online Topgolf Offerings may allow you to modify or delete your account profile. Note that we may keep some Personal Information as permitted by law. We may refuse to delete Personal Information if we need to retain Personal Information to meet our statutory obligations, dispute resolution, troubleshooting, and other valid legal or business reasons. We may, at our discretion, anonymise your Personal Information, in which case it is no longer Personal Information.
Revocation of Consent. You may have the right to block or withdraw consent to processing certain Personal Information (without affecting the lawfulness of processing based on consent before its withdrawal). If you revoke your consent for the processing of Personal Information, we may no longer be able to provide you with our products or services. We may retain Personal Information in respect of which you are revoked consent to meet our statutory obligations, dispute resolution, troubleshooting, and other valid legal or business reasons. We may, at our discretion, anonymise your Personal Information, in which case it is no longer Personal Information.
Portability. You have the right, in certain circumstances, to request that we provide your Personal Data to you in a format that can be transferred to another entity.
Restrict Processing. You have the right, in certain circumstances, to request that we limit our processing of your Personal Data if you are contesting the accuracy of your Personal Information; asserting that our processing is unlawful; asserting that we need to keep the information for reasons related to the establishment, exercise, or defence of legal claims, or you object to our processing.
Object. You may object to our processing if we are processing your Personal Information based on legitimate interests, use your Personal Information for direct marketing, or process your Personal Information for scientific or historical research and statistics purposes. You can opt out at any time from receiving direct marketing from us. You can do so by clicking the unsubscribe link at the bottom of any email you receive from us, submitting a request as set out below, or writing to Topgolf (or the relevant company within the Topgolf Callaway Brands Family of Companies) at the address given below. If you do opt out of receiving promotional and marketing messages, we can still contact you regarding your membership, such as your status and activity updates, and survey requests in respect of products and services we have provided to you after you have visited our Locations (if permitted under applicable law), send you reservation confirmations or respond to your inquiries or complaints, and similar communications. Want to close your membership, stop doing business with us, or otherwise opt out of collecting, using, or disclosing your Personal Information? We will be sorry to see you go. A request to close your membership does not entitle you to a refund on any membership or lost games/credits. Please see our Terms and Conditions for more information.
Cookies. You can review your Internet browser settings, typically under the sections "Help" or "Internet Options," and use our cookie management page to exercise your choices for certain cookies, including interest-based advertising. If you disable or delete certain non-essential cookies, you might not be able to access or use important functions or features of this Website or our services, and you may have to re-enter your login details. Please note that you may still receive advertisements from the relevant ad-serving company you opted out of, but the ads will not be tailored to your interests. For our Applications (if available), please review your device settings or third-party tools available.
If you elect to exercise one of your choices listed above, you will not receive discriminatory treatment by us for exercising your privacy rights that are conferred upon you by law.
If you need to exercise any of your rights, please contact us at the contact details below. To process your request, we may need to ask you for additional information or Personal Information to correctly find you in our systems. We will respond to your request in the periods permitted by applicable law. We may charge a reasonable fee if we receive multiple requests for the same Personal Information or if your request is manifestly unfounded.
If you are an authorised agent acting on behalf of an individual, you must attach a completed authorised agent designation form or power of attorney indicating that you have the authority to act on behalf of the individual in respect of whom the rights are being exercised and if you are business, proof of your business registration evidencing that you are authorised to conduct business in the relevant country.
11. Cross-Border Transfers of Personal Information
· Shared Services. Topgolf UK and the Topgolf Callaway Brands Family of Companies are a single group of companies with a legitimate interest in sharing Personal Information under Recital 48 of GDPR and UK GDPR. As such, your Personal Information is transferred to the United States, where certain of our IT systems are located.
· Global Topgolf Venue Membership. As we offer the ability to play and benefit from services at the Topgolf Offerings globally, we will transfer your Personal Information within the Topgolf Callaway Brands Family of Companies to fulfil your contract with us, provide the benefits of global membership, and/or facilitate gameplay at the Topgolf Offerings.
· Business Operations. Personal Information we collect from you may be transferred to, stored by, or accessed by other companies within the Topgolf Callaway Brands Family of Companies and our Service Providers. We transfer Personal Information to fulfil your contract with us, in our legitimate interests, and, if needed, with your consent.
Topgolf UK and the Topgolf Callaway Brands Family of Companies and our and their Service Providers may be located outside of the UK/EEA/EU and may not benefit from an adequacy decision issued by the relevant data protection authorities regarding protection afforded to Personal Information in that country. Details of the countries that benefit from an adequacy decision may be found here.
We will only transfer your Personal Information outside of the UK/EEA/EU based on an adequacy decision or an appropriate safeguard such as standard contractual clauses or if a derogation or other lawful basis exists. Where required, we have put in place additional safeguards.
These transfers to our Service Providers and within the Topgolf Callaway Brands Family of Companies, and onward transfers to their service providers and Participating Locations are made as they are necessary for the performance of our contract with you, in our legitimate interests or, if needed, with your consent.
We will only transfer your Personal Information outside of the UK/EEA/EU based on an adequacy decision or standard contractual clauses (controller to controller/controller to processor/processor to processor) or if a derogation or other lawful basis exists. For more information on the basis on which we transfer Personal Information outside of the UK/EEA/EU, please email or write to us at the contact details below.
12. Participating Locations
Did you know that as part of a global membership, you may play Topgolf at any Participating Locations worldwide? Please read our Terms and Conditions for more information on how the benefits are provided as part of your global membership. Participating Locations are independently owned or operated by Topgolf International or other Topgolf system franchisees or licensees ("Independent Franchisees"). Not all Independent Franchisees are Participating Locations.
When you play Topgolf at a Participating Location, you may have to accept their privacy policy and terms and conditions. The Participating Location is responsible for collecting and processing payment and processing your Personal Information in compliance with applicable law in the country or territory where the Participating Location is located and may engage in its own marketing campaigns. Each Participating Location collects, uses, and discloses Personal Information for its own purposes and is a controller in its own right. By selecting a day pass, you can choose not to provide Personal Information to a Participating Location.
We are not responsible for the compliance of the Participating Location with privacy laws. However, if you believe a Participating Location is violating the applicable privacy laws where the Participating Location is located, you may report this by writing or emailing us at the contact details below.
You can access a list of current Participating Locations on our Website.
13. Controllers
Whenever dealing with one of the Topgolf Callaway Brands Family of Companies, the controller of your Personal Information will be the company that decides how and why your Personal Information is used.
For the purposes of data protection laws, Topgolf UK and the Topgolf Callaway Brands Family of Companies are "joint controllers" for processing your Personal Information described in this Privacy Notice. This means that Topgolf UK and the Topgolf Callaway Brands Family of Companies work together to decide why and how your Personal Information is processed.
Depending on the reason for sharing your Personal Information, other companies within the Topgolf Callaway Brands Family of Companies may be a joint controller with the Topgolf Callaway Brands Family of Companies, a controller in their own right, or a processor. For more information on how Topgolf Callaway Brands Family of Companies processes your Personal Information, please contact us at the contact details below.
Regarding data processing within the framework of Topgolf Callaway Brands Family of Companies' internal administration and joint procedures through centralised systems, Topgolf UK and the Topgolf Callaway Brands Family of Companies are jointly responsible as joint controllers and controllers in their own right. The joint processes particularly pertain to the operation and use of jointly used databases, platforms, and IT systems. Topgolf UK and the Topgolf Callaway Brands Family of Companies jointly determine the purposes and means of processing for the joint processes.
Brands and companies within the Topgolf Callaway Brands Family of Companies use shared IT services and infrastructure. We have legitimate (joint) interests as per Recital 48 of GDPR in group-wide data organisation and administration, including the exchange of Personal Information for internal administrative purposes such as to ensure compliance and a consistent approach to compliance within the Topgolf Callaway Brands Family of Companies.
In an agreement on joint controllership under Article 26 GDPR, the Topgolf Callaway Brands Family of Companies have determined how the respective tasks and responsibilities for the processing of Personal Information are structured and who fulfils which data protection obligations. In particular, it was determined how an appropriate level of security and your rights as a data subject could be ensured, how the information duties under data protection law can be fulfilled jointly, and how potential data protection incidents can be monitored. This also includes ensuring that reporting and notification obligations are fulfilled.
We do not perform all processing of your Personal Information as joint controllers. Topgolf UK makes decisions about certain processing of your Personal Information independently of other companies within the Topgolf Callaway Brands Family of Companies, for which Topgolf UK is solely responsible. Similarly, the Topgolf Callaway Brands Family of Companies make decisions for certain processing of your Personal Information independently of Topgolf UK, for which such companies are solely responsible and controllers in their own right when processing your Personal Information independently.
Topgolf UK is your central contact point. You can also assert your rights regarding the processing of Personal Information in joint controllership by other companies within the Topgolf Callaway Brands Family of Companies. Should you contact us, Topgolf UK will coordinate the response under the agreement mentioned above under Article 26 GDPR to respond to your inquiry and to guarantee your rights as a data subject.
This Privacy Notice applies to how Topgolf UK processes your Personal Information. Please visit the Websites below or write to the relevant controllers to learn more about the processing performed by the Topgolf Callaway Brands Group.
14. Applicable Law
The applicable law will be the law of the country where the Topgolf Offering you used is established or where you have provided the Personal Information (depending on the context).
15. Contact Us
If you reside in the UK and have any questions regarding this Privacy Notice or you wish to exercise any of your data subject rights, you can contact us at the following mailing address:
Topgolf Limited, Attn: Privacy Team, Unit 8, Shepperton Business Park, Govett Avenue, England, TW17 8BA, or submit your request using our Privacy Portal.
If you reside in the EEA/EU, you can also write to our representative in the EEA/EU at the following address: Topgolf Sweden AB, Attn: Privacy, Svärdvägen, 11 4tr, SE-182 33 Danderyd, Sweden.
16. Controllers by Country
|
Country |
Company |
Address |
|
Sweden |
Topgolf Sweden AB |
Svärdvägen, 11 4tr, SE-182 33 Danderyd, Sweden |
|
Japan |
Topgolf Japan GK |
c/o Baker & McKenzie, Ark Hills Sengokuyama Mori Twr. 28F, 1-9-10 Roppongi, Minato-ku, Tokyo |
|
United Kingdom |
Topgolf Limited |
Unit 8 Shepperton Business Park, Govett Avenue, Shepperton TW17 8BA |
|
United States of America |
Topgolf Callaway Brands Corp |
2180 Rutherford Road, Carlsbad, California 92008, USA. |
|
United States of America |
Topgolf International inc. |
N. Central Expressway, Suite 1200 Dallas, U.S.A. TX 75231 |
|
United States of America |
Topgolf USA LLC |
N. Central Expressway, Suite 1200 Dallas, U.S.A. TX 75231 |
|
United States of America |
Topgolf Pro LLC |
N. Central Expressway, Suite 1200 Dallas, U.S.A. TX 75231 |
|
United States of America |
Topgolf Payroll Services LLC |
N. Central Expressway, Suite 1200 Dallas, U.S.A. TX 75231 |
|
United States of America |
Topgolf Media Services LLC |
N. Central Expressway, Suite 1200 Dallas, U.S.A. TX 75231 |
|
United States of America |
World Golf Tour LLC |
N. Central Expressway, Suite 1200 Dallas, U.S.A. 231 |
17. Right to Lodge a Complaint
EU/EEA and UK residents have the right to complain about our data collection and processing actions with the Information Commissioner's Office ("ICO") in the UK and the relevant national supervisory authority where you reside in the EU if you believe we have not resolved your concerns. Contact details for UK's ICO are available here. Contact details for national supervisory authorities in the EU are available here.